[HISTORY: Adopted by the Town Board of the
Town of Clarkstown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-3-1974 by L.L. No. 2-1974 as
Art. I of Ch. 1 of the 1974 Code; amended 9-11-1991 by L.L. No. 6-1991]
A.
BUILDING INSPECTOR
CHIEF OF POLICE
DIRECTOR OF ENGINEERING AND FACILITIES MANAGEMENT
PERSON
SUPERINTENDENT OF HIGHWAYS
TOWN
TOWN BOARD
TOWN CLERK
For the purpose of this Code, the terms used herein
are defined as follows:
The Building Inspector of the Town of Clarkstown, also known
as the "Chief Code Enforcement Officer."
[Amended 6-16-2009 by L.L. No. 4-2009]
That member of the Department of Police of the Town of Clarkstown
designated by the Town Board to be in charge of said Department and
its members.
The Director of the Department of Engineering and Facilities
Management of the Town of Clarkstown.
[Amended 12-13-2018 by L.L. No. 9-2018]
Includes an individual, corporation, partnership, association
or any other organized group of persons, or legal successor or representative
of any of the foregoing.
The Superintendent of Highways of the Town of Clarkstown.
The Town of Clarkstown.
The Town Board of the Town of Clarkstown.
The Clerk of the Town of Clarkstown.
B.
Unless specifically defined herein, words or phrases
used in this Code shall be interpreted so as to give them the meanings
they have in common usage and to give each chapter its most reasonable
application.
[Adopted 9-11-1991 by L.L. No. 6-1991]
In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws, ordinances and certain
resolutions of the Town of Clarkstown shall be known collectively
as the "Code of the Town of Clarkstown," hereafter termed the "Code."
Wherever reference is made in any of the local laws, ordinances and
resolutions contained in the "Code of the Town of Clarkstown" to any
other local law, ordinance or resolution appearing in said Code, such
reference shall be changed to the appropriate chapter title, chapter
number, Article number or section number appearing in the Code as
if such local law, ordinance or resolution had been formally amended
to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Clarkstown, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
All local laws and ordinances of a general and
permanent nature of the Town of Clarkstown in force on the date of
the adoption of this local law and not contained in such Code or recognized
and continued in force by reference therein are hereby repealed from
and after the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-4 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal.
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Clarkstown prior to
the effective date of this local law or any action or proceeding brought
for the enforcement of such right or liability.
B.
An offense or act committed or done before the effective
date of this local law in violation of any legislative provision of
the Town of Clarkstown or any penalty, punishment or forfeiture which
may result therefrom.
C.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this local law brought pursuant to any legislative provision
of the Town of Clarkstown.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Clarkstown.
E.
Any local law or ordinance of the Town of Clarkstown
providing for the laying out, opening, altering, widening, relocating,
straightening, establishing grade, changing name, improvement, acceptance
or vacation of any right-of-way, easement, street, road, highway,
park or other public place within the Town of Clarkstown or any portion
thereof.
F.
Any local law or ordinance of the Town of Clarkstown
appropriating money or transferring funds, promising or guaranteeing
the payment of money or authorizing the issuance and delivery of any
bond of the Town of Clarkstown or other instruments or evidence of
the Town's indebtedness.
G.
Local laws or ordinances authorizing the purchase,
sale, lease or transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to December 11,
1990.
M.
Any legislation relating to zoning.
N.
Any legislation relating to a Code of Ethics.
O.
Any legislation relating to plumbing.
P.
Any legislation relating to the Board of Appeals.
Q.
Any police regulations legislation.
If any clause, sentence, paragraph, section,
Article, chapter or part of this local law or of any local law, ordinance
or resolution included in this Code now or through supplementation
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, section, Article, chapter or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Town Clerk of the Town of Clarkstown
and shall remain there for use and examination by the public until
final action is taken on this local law; and, if this local law shall
be adopted, such copy shall be certified to by the Town Clerk of the
Town of Clarkstown by impressing thereon the Seal of the Town of Clarkstown,
and such certified copy shall remain on file in the office of said
Town Clerk to be made available to persons desiring to examine the
same during all times while said Code is in effect. The enactment
and publication of this local law, coupled with the availability of
a copy of the Code for inspection by the public, shall be deemed,
held and considered to be due and legal publication of all provisions
of the Code for all purposes.
Any and all additions, deletions, amendments
or supplements to any of the local laws, ordinances and resolutions
known collectively as the "Code of the Town of Clarkstown" or any
new local laws, ordinances or resolutions, when enacted or adopted
in such form as to indicate the intention of the Town Board to be
a part thereof, shall be deemed to be incorporated into such Code
so that reference to the Code shall be understood and intended to
include such additions, deletions, amendments or supplements. Whenever
such additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the loose-leaf book containing said Code as
amendments and supplements thereto. Nothing contained in this local
law shall affect the status of any local law, ordinance or resolution
contained herein, and such local laws, ordinances or resolutions may
be amended, deleted or changed from time to time as the Town Board
deems desirable.
It shall be the duty of the Town Clerk to keep
up-to-date the certified copy of the book containing the Code of the
Town of Clarkstown required to be filed in the office of the Town
Clerk for use by the public. All changes in said Code and all local
laws, ordinances and resolutions adopted by the Town Board subsequent
to the enactment of this local law in such form as to indicate the
intention of said Board to be a part of said Code shall, when finally
enacted or adopted, be included therein by temporary attachment of
copies of such changes, local laws, ordinances or resolutions until
such changes, local laws, ordinances or resolutions are printed as
supplements to said Code book, at which time such supplements shall
be inserted therein.
Copies of the Code may be purchased from the
Town Clerk of the Town of Clarkstown upon the payment of a fee to
be set by resolution of the Town Board, which Board may also arrange
by resolution for procedures for the periodic supplementation thereof.
Any person who, without authorization from the
Town Clerk, changes or amends, by additions or deletions, any part
or portion of the Code of the Town of Clarkstown or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Town of Clarkstown to be misrepresented thereby
or who violates any other provision of this local law shall be guilty
of an offense and shall, upon conviction thereof, be subject to a
fine of not more than two hundred fifty dollars ($250.) or imprisonment
for a term of not more than fifteen (15) days, or both.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Clarkstown, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B.
In addition, the following changes, amendments or
revisions are made herewith, to become effective upon the effective
date of this local law. (Chapter and section number references are
to the local laws, ordinances and resolutions as they have been renumbered
and appear in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-12B, the following chapters, articles and sections were added or amended: Art. I of Ch. 1; §§ 4-1 and 4-2; Ch. 6; §§ 13-2, 16-3, 16-5, 16-8, 43-7, 47-2, 68-2A, 91-4A(2)(a), 91-9A(2) and (3) and B, 91-10A(3)(a), 93-4, 95-1, 95-2, 95-7, 102-2, 102-5A and B, 102-9, 102-10, 102-11A, 102-12, 102-13, 102-14A, 102-15, 109-4C and E(1), 109-17, 109-19, 109-22, 109-27, 111-2, 117-4B, 117-6A, 117-12, 120-1, 125-3, 125-7, 128-5A and C, 128-6, 133-3A, 133-5, 136-2, 143-6A, 143-13, 143-109, 149-7, 149-19, 157-7, 188-2, 198-4A, 198-5, 198-6, 200-3, 205-1, 208-3, 208-10, 216-3C, 224-2, 236-1, 236-34B, 236-35B, 236-36B and C, 236-37, 236-48A(2) and B, 236-75A, 239-1, 239-6B, 244-4A, 244-10, 244-11C, 246-11B, 246-13A and B, 250-1, 250-6, 250-8, 250-9, 250-10A and B, 250-11B, 250-30, 254-7, 254-10A and C, 254-11D, 254-16, 254-18A, 254-30E, 256-1, 258-2D and I, 278-3, 278-6A(3) and (13), 278-11H(3), 278-12B, 278-13A(3) and B(2) and 278-14B.
The following articles and sections were deleted: original § 21-3D, 27-3 and 29-4B(7) of the 1974 Code; Art. II of original Ch. 23 of the 1974 Code; original § 67-5 of the 1974 Code; Art. II of original Ch. 83 of the 1974 Code; and original § 91-2, 91-7, 91-8 and 102-8 of the 1974 Code.
A complete description of these changes is
on file in the Town offices.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
